The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-11
THE SUPREME COURT.
An International Case Decided-RuIiag on
the Statute of Limitations

An International Case Decided-RuIjag ON
the Statute of Limitations.
WASHINGTON, Jan. 10 A decision was rem
dered in the novel and interesting international
case of the King Of the Beleians, by Charles
Mali, consul: against the Keeper of the Common
Jail of Hudson County. New Jersey. On the
10th OF last October there occurred on board of
the Belgian ship Noordland, lying at her dock in
Jersey City. fight between her sailors, in the
course of which one of them, named Widenhus.
stabbed and killed another named Frigens, both
being Belgian subjects. The police authorities
arrested the murderer and the two other sailors
who were witnesses of the fight and imprisoned
them in the Jersey City jail The Belgian con-
sui. acting under instructions from his govern
ment demanded the release of all the prisoners.
on the ground that the crime committed
within the Jurisdiction of the Kingdom OF Bel
gium and that, under the law of nations, he, as
consul, had sole authority in the premises The
demand for the release of the prisoners was re-
fused, whereupon the consul sued ont writ Of
habeas corpus. and upon the dismissal of that
writ by the United States Circuit Court he
brought the case to this court by appeal.
Chief justice Waite, speaking for the conrt in.
this case, said 'The principle which governs the
| whole matter is this: Disorders which disturb
| only the peace of the ship or those on board are
to be dealt with exclusively by the sovereignty of
| the home OF the ship but those which disturb
| the repose Of the people on shore may be sup
pressed, and, if need be, the offenders punished,
| by the proper authorities of the local jurisdic
| t1on 1t may not be easy at all times, to deter
| mine to which of the two jurisdictions a par
ticuar act of disorder belongs. Much will I'M
dOubtedly depend the attending circun-
stances of the particular case, but all must
| cede that felonous homicide Is subject for
local jurisdiction. and if the proper authorities
| are proceeding with the case in a regular man
ner the consul has no right to interiors to pre-
vent it The decree of the Circuit Court dis
| missing the writ of habeas corpus is affirmed.
decision was also rendered in the of
| Edward Kirby, executor, against the Lake
| Shore & Michigan Southern Railroad Company,
the New York Central Railroad Company, and
Others; appeal from the Circuit Court of the
! United States for the Southern district of New
York. The object of this suit is 30 obtain de-
| cree setting aside. on the ground Of fraud, GER
tain settlements of accounts had BY the firm Of
| I. }. q G. d. Alexander & Co, with the several
railroad corporations. The railroad company
! maintained that suit was barred by the statute
of limitations and the court below sustained
this view on the ground that the statute began
| to run from the time when the alleged fraud
! was committed This court is of opinion
that the lower court erred in holding that the
statute of limitations began to run from the
| time when the fraud was committed. and not
| from the time when it discovered This
court holds that in the case OF concealed fraud,
| the statute does not begin 10 until the fraud
| has been discovered. II holds, however that
this suit was not brought in time, even after the
| discovery of the fraud and upon the most liberal
! construction of the statute. The decree of the
4 ruit Court is therefore affirmed
| the conclusion of the reading of opinions.
| Chief justice Waite said, in relation 10 sub
m, sion of cases under the twentieth rule 1T is
proper to call the attention of the bar to the
| practical oDeraticn Of a rule which was adopted
for the convenience Of parties without being in
consenienbso the court During this term there
have been submitted, under the rule, fifty eases
and of these. thirty-one came in during the last
week, the ninety days having expired on Satur-
day last. Had they been submitted ratably as
the term progressed they could all have been dis
posed of without interfering materially with tho
current business and without being at all burden.
some to the court. AS it is, oppressed
with a great accumulation of this kind of busi.
ness in the time IN the term when we have
large numb of other cases under consideration.
Unless the practice is changed, we shall be COM
| pelled 10 abolish the rule, or make special
order in reference to its Administrations